Effective Date: 2025/02/01
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and SPOKE SAFETY, Inc. ("Licensor," "we," "us," or "our") for the Spoke and Spoke Safety mobile application (the "App"), including all related software, documentation, and updates. By downloading, installing, accessing, or using the App, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download, install, access, or use the App.
1. License Grant:
Subject to your compliance with the terms of this EULA, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a single compatible mobile device owned or controlled by you, solely for your personal, non-commercial use.
2. Restrictions:
You agree not to:
- Copy, modify, or distribute the App or any portion thereof.
- Reverse engineer, decompile, or disassemble the App.
- Attempt to derive the source code of the App.
- Sublicense, rent, lease, or otherwise transfer the App or your rights to use the App to any third party.
- Use the App for any illegal or unauthorized purpose.
- Violate any applicable laws or regulations while using the App.
- Remove or alter any copyright notices or other proprietary markings on the App.
- Use the App in a way that could damage, disable, overburden, or impair our servers or networks.
- Interfere with or disrupt the operation of the App or the servers or networks connected to the App.
- Attempt to gain unauthorized2 access to any part of the App or any other systems or networks.
5. Updates and Support:
Licensor may provide updates to the App from time to time, but is not obligated to do so. This EULA will apply to all such updates. Licensor may provide limited support for the App, but is not obligated to do so.
6. Disclaimer of Warranties:
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LICENSOR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. LICENSOR DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
7. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA OR THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP (IF ANY).
8. Termination:
This EULA may be terminated by Licensor at any time, with or without cause. Upon termination, you must cease all use of the App and delete it from your mobile device.
9. Governing Law:
This EULA will be governed by and construed in accordance with the laws of State of Colorado, without regard to its conflict of law principles.
10. Entire Agreement:
This EULA constitutes the entire agreement between you and Licensor regarding the App and supersedes all prior or contemporaneous communications and agreements, whether oral or written.
11. Contact Information:
If you have any questions about this EULA, please contact us at:
SPOKE SAFETY, Inc. 1459 S Steele St, Denver - 80210-2527, United States (US) support@spokesafety.com
12. Changes to this EULA:
Licensor may update this EULA from time to time. Your continued use of the App following the posting of revised EULA means that you accept and agree to the changes. It is your responsibility to review this EULA periodically for changes.
By clicking "I Agree" or by downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by9 the terms of this EULA.
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